South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Mr. Wizards Fireworks, Inc. and Quick Foods, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Mr. Wizards Fireworks, Inc. and Quick Foods, Inc.
1301 Highway 17 North Myrtle Beach, S.C.
 
DOCKET NUMBER:
98-ALJ-17-0294

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondents for a violation of the Video Game Machines Act, S.C. Code Ann. § 12-21-2804(A) (Supp. 1997). On December 12, 1996, Respondents were cited for having more than five licenses acquired pursuant to S.C. Code Ann. 12-21-2720(A)(3) (Supp. 1997) (referred to as "Class III" machines) at a single place or premise, in violation of § 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190 (Supp. 1997). A Department determination was issued sustaining the imposition of the violation. The determination sought revocation of Respondent Quick Foods, Inc. five (5) Class III machine licenses, that no licenses will be allowed for use in the location for a period of six (6) months from the date of revocation and a $5,000.00 monetary penalty against each Respondent.

Prior to the hearing on this matter scheduled for August 20, 1998, the parties worked out an agreement resolving the matter. That agreement is incorporated into this Order. The agreement between the parties is as follows:

1. Respondents admit that on December 12, 1996, at the time of the inspection, there were no employees on the premises of Ace High, Room G, 1301 Hwy 17 N. North Myrtle Beach, South Carolina.

2. Respondents further agree not to operate or allow the operations of any Class III machines in the premises of Ace High, Room G, depicted in the shaded area on the attached diagram for a period of six months beginning 10 days following the entry of this Order. Nothing herein shall

prohibit the operation of Class III licensed machines in any other area on the attached diagram in accordance with the S.C. Video Game Machines Act and applicable regulations.

3. Respondents further agree to remit to the Department a monetary penalty in the amount of $1000.00 no later than 5:00 p.m. on September 2, 1998.

4. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought for this violation as to each Respondent.

5. The licenses attached to the Class III machines in this location on the date of the violation expired on May 31, 1998 and thus need not be surrendered.

6. All parties understand and agree that the terms as set forth above constitute the full and final resolution of this matter.

I find the above settlement to be fair and equitable, approve such settlement, and hereby ORDER its adoption. This Court retains continuing jurisdiction to enforce this Order. As the parties no longer require a hearing on this matter, I also ORDER this matter dismissed with prejudice.

IT IS SO ORDERED.

_______________________________________

Honorable Stephen P. Bates

Administrative Law Judge

August 19, 1998

Columbia, South Carolina

WE SO CONSENT:



_____________________________________

Nicholas P. Sipe

Attorney for Petitioner



_____________________________________

James M. Griffin

Attorney for Respondents



(Note: Please see file for diagram attachment)






Brown Bldg.

 

 

 

 

 

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